The Owner of a Property as Died NO WILL NO RELATIVES maybe a chance to declare Adverse Possession? 22 June 2019 at 12:42PM edited 22 June 2019 at 2:09PM in Mortgage-free wannabe 37 replies 2.2K views

Chicho

Tigsteroonie, as I said my intention are clear without your help, i guess different points of view are fear to be, so is yours to buy anything you love to buy doing the job and the life you choose, An Adverse Possession is not illegal it is actually very legal. Please I didn't post here for fight or waste time

Chicho

Hi LadyGnome, why are you saying that the Adverse Possession of a property own by Bona Vacantia is after 30 Years?

LadyGnome

Read the land registry guidance on adverse possession and unregistered land. The limitation period can be extended for BV. Then read the guidance for adverse possession for registered land especially the bit about if the estate goes into administration after death during the adverse possession period.

This is why you need proper advice.

Chicho

Hi LadyGnome, I dont know where to get proper advice that is why I am asking here.
Can you please send me the link of your reading I cant find it.(the guidance for adverse possession for registered land especially the bit about if the estate goes into administration after death during the adverse possession period)

Chicho

getmore4less wrote: »

The correct process for a interstate no know relative estate is to get it in the hand of a hier hunter or onto the BV list.

If the landlord on a tenancy is acting on a POA, as I understand it as the POA ceases on death the tenancy is as if the landlord has died.

Do not pay any monies to anyone untill you see a grant of administration.
I also think you can legally put steps in place to secure the property.

Might also be sensible to carry out statutory checks like safety certificates if you plan to stay there as a tenant of the estate.

What kind of legal steps in order to secure the property?

zagubov

Chicho wrote: »

What kind of legal steps in order to secure the property?

You are looking for shortcuts that will save you the cost of a lifetime's earnings, labour, effort, and drudgery and yet you haven't the simple courtesy and patience to do a little bit of normal research about how to investigate things that take years to do, and then you berate us for not doing it for you.:rotfl:

What have citizens advice and shelter been telling you?

Please search those sites and when you come back to us (if you do), we'll see what you can do.

Chicho

zagubov wrote: »

You are looking for shortcuts that will save you the cost of a lifetime's earnings, labour, effort, and drudgery and yet you haven't the simple courtesy and patience to do a little bit of normal research about how to investigate things that take years to do, and then you berate us for not doing it for you.:rotfl:

Please search those sites and when you come back to us (if you do), we'll see what you can do.

Hi sorry but I was trying to understand how to do something, research is just what I am doing, it is very difficult to find anything about it!! you putting a couple of websites and answering not politely even and you think you can put me down on it, do the research..I couldn't find anything..maybe I am stupid maybe you are much better but putting just a couple of random websites does not show it! Thank you for your advice and please if you do not like this topic do not waste your time answering.. do something else..

Browntoa

Simple steps

1 ) see a solicitor and get legal advice

2) solicitor will tell you there is very little chance of adverse possession

3) if no heirs get identified then it reverts to the state who will receive your rent until property is sold .

4) during above you may get notice that your tenancy is being ended as it will be easier to sell

To sum up , you will not get adverse possession

Tigsteroonie

As you have been told, get proper legal advice. That means, go and find yourself a solicitor and ask them. Stop expecting a forum to do that for you.

(Oh, and I'll butt out of forum threads when I choose, and not when you tell me.)

iammumtoone

How long ago did the LL die?
What is the house worth?


With a house involved it is very likely a heir hunter will pick up this case and find a relative(s) (there is normally a long lost relative(s) that didn't even know they were related to the deceased). If no one can be found then the estate passes to the crown. This is a process that takes years to follow. As your LL assents are known and they have a friend (previous POA) and an agent for the house who are all well aware of the situation it is virtually impossible you will ever get adverse procession.



What you do need to do is find out where you stand now, as you rightly point out, you need to know who the rent needs to be paid to. I would speak to shelter/citizens advice to see if they can help with this.


It does seem odd that the deceased knew enough to know they should/was able to grant a POA but didn't leave a will.